A scoping review of the forensic psychiatric expertise for compulsory treatment application in Brazil

In the Brazilian penal system, a person with a mental disorder who commits an offense may be exempt from penalty if, at the time of the offense, they were entirely unable to understand the illicit character of the fact. A forensic psychiatric expert makes this determination and may also recommend to the magistrate the type of commitment to be applied. As a rule, this measure is stipulated based on the judge's sentence rather than the kind of treatment that the mental disorder requires. This difference motivates the present study that seeks to identify criteria for expertise. Additionally, this work focuses on the biopsychological method which influences the application of the measure as detailed in the expert's report. Expert reports have considerable importance in criminal proceedings and often influence determinations of the deadline for compliance and, potentially, hospitalisation. For this question, a scoping review searched for relevant literature, regardless of the study design. Of 1014 references, 27 answered the guiding question, giving rise to 10 categories with several items corresponding to the criteria for expertise. These items, although not exhaustive, demonstrated the deficient interrelationship between law and mental health due to the lack of communication and interaction between them the two. This could be addressed through interdisciplinary legislation or alteration of criminal and criminal procedural laws. Additionally, the lack of communication could be further addressed through the magistrate's interpretation of mental health laws as a new parameter for criminal law based on the human dignity principle which recognises fundamental human rights.